recompense

the Scots term for the obligation to pay for services in the absence of contract or, indeed, an as yet unrecognized general enrichment action. An aspect of the law of RESTITUTION and founded upon the civil law, the remedy is to make the recipient of the work done or services rendered disgorge the value to the recipient of the work (in quantum lucratus). This can be, and usually will be, less than the contract price and indeed may be less than would be due under an implied contract, which would allow recovery QUANTUM MERUIT - for the market value of the services. The service must usually be done without an intention to donate. If rendered in error, then recovery is assisted, but it is unlikely that error is required.

RECOMPENSE. A reward for services; remuneration for goods or other property.
2. In maritime law there is a distinction between recompense and
restitution. (q.v.) When goods have been lost by jettison, if at any
subsequent period of the voyage the remainder of the cargo be lost, the
owner of the goods lost by jettison cannot claim restitution from the owners
of the other goods; but in the case of expenses incurred with a view to the
general benefit, it is clear that they ought to be made good to the party,
whether he be an agent employed by the master in a foreign port or the ship
owner himself.

He gazed upon it long and fixedly, estimated the prodigious labor that had been bestowed upon it, and, not being able to find any recompense sufficiently great for this Herculean effort, he passed his arm round the painter's neck and embraced him.

In the seventh place, try, by the frequent thought of death," the Rhetor said, "to bring yourself to regard it not as a dreaded foe, but as a friend that frees the soul grown weary in the labors of virtue from this distressful life, and leads it to its place of recompense and peace.

To whom our Saviour fervently replied: "And reason; since his Word all things produced, Though chiefly not for glory as prime end, But to shew forth his goodness, and impart His good communicable to every soul Freely; of whom what could He less expect Than glory and benediction--that is, thanks-- The slightest, easiest, readiest recompense From them who could return him nothing else, And, not returning that, would likeliest render Contempt instead, dishonour, obloquy?

That there are, upon record, trials at law in which damages have been sought as a poor recompense for lasting agonies and disfigurements inflicted upon children by the treatment of the master in these places, involving such offensive and foul details of neglect, cruelty, and disease, as no writer of fiction would have the boldness to imagine.

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